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    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked  you DO NOT file a defence at this time  click thru to the end  confirm and exit MCOL. . .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]  
    • Could you perhaps use the quote button so as to minimise confusion?  It's difficult to distinguish between what you quote and what you are saying.  (Actually it is quite easy to tell the difference).
    • Name Of Claimant - Lowell   Date of Claim - 11th nov 2019   What is the claim for – the reason they have issued the claim? 1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   What is the total value of the claim? £2247.91   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No I received the PAP twice?   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? NO   Did you inform the claimant of your change of address? NA Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? CREDIT CARD   When did you enter into the original agreement before or after April 2007 ? NO   Do you recall how you entered into the agreement...On line /In branch/By post ? BY PHONE/POST   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? YES   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. DEBT HAS BEEN PASSED TO LOWELLS   Were you aware the account had been assigned – did you receive a Notice of Assignment? I CANNOT RECALL   Did you receive a Default Notice from the original creditor? I BELIEVE SO YES   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? NO   Why did you cease payments? LOST MY JOB AND COULDN’T AFFORD PAYMENT/INTERESTS   What was the date of your last payment? APPROX JAN 2015   Was there a dispute with the original creditor that remains unresolved? I asked for the CCA and they sent me a computer printed balance statement   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I believe I contacted them explaining I had lost my job and for a holiday period which they refused. Although I cannot recall 100%   Just to sum up what has happened through this thread: -       defaulted around May 2015 -       2017 lowells got involved, asked for my CCA from OC and SAR. Vanquis, no acknowledgement of the dsar/ sar, they have however sent me their terms and conditons, fact sheets, along with 2 computer print outs of my details. I think they were considering it the CCA. -       lowells sent pap, replied, they sent again, replied again -       Court claim    
    • sorry busy day attached is a large file re clear agreement/ T&C's   is that obscured signature typed or your real sig? Exhibit__Cabot_Vs_Roland.pdf
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Helenh7

DVLA - mid ** Success **

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My car was written off in may 2012 i cancelled insurance on 18th may 2012 and didn't send docs into dvla until oct (5 months late) i sent them everything including tax disc from jan 2012 to jan 2013, dvla then sent confirmation slip and a check for £21 i think it was minus £40 or so less, i thought that was money they took for fine and that was end of it. WRONG a couple of weeks later i get a letter from - mid - database shows this vehicle was not insured on 19/10/2012 penalty £100, i filled form to appeal and inclosed dvla letter of confirmation and insurance letter of cancellation,then on 5th 12th 2012 i get final notice of failure to insure, so i phoned mid and asked what had happend to my letter of appeal, they said they didn't receive my letter BUT the records have now been updated, can anyone please advise me on what to write on this appeal, oh and how could they update records if they didn't receive my letter of confirmation from dvla. thankyou,

Edited by Helenh7
misspelling

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Hello Helenh7, welcome to the CAG.

 

Enjoy your visit, but take some time to look around the forum and understand where everything is.

 

 

It can seem confusing at first but you will start to find your way round and to understand what a helpful community we are.

 

You haven't received any replies to your post yet. Try posting your query again in a relevant sub-foum. You will get the help and support you need there.


Please be advised that my time will be limited for the next few weeks.Thanks for your understanding.

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Moved to the DVLA section

 

I don't understand why you would send the insurance cancellation letter, that just proves the DVLA point that the vehicle wasn't insured as it shows you cancelled the insurance in May so the car was uninsured for about 5 months.

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Hi Conniff, I didn't have car to insure, it was written off as it was costing to much to repair, it went on fire due to a manufacturing fault, the manufacturers insurance company paid me out, once i accepted the offer i then went back to arnold clark where my car was going to be repaired, i emptied the car of my belongings and my tax disc,but due to ill health (severe deppression) i didn't send my documents into dvla until 5 months later, i was fully insured 1 year tax and mot everything was above board and legit, the accident happend in april and once i accepted the offer i then got in touch with insurance company and told them the story, no more car so cancelled insurance in may. I have since found out "under the new system"dvla will work in partnership with the motor insurer bureau to identify uninsured vehicles and send the registered keeper a warning letter warning them if they fail to comply with the advice set out in the letter they will face a fixed penalty of £100, I did not receive any letter. Motor insurance database sent me a fixed penalty only after i wrote to dvla,the only thing im guilty of is sending my documents in late, and they deducted £40 from my car tax refund, this must be because i was late with sending back tax disc,i phoned dvla to find out about the £40 and £100 fine that mid are asking for and was told cant talk about it on phone write in to fines office.

Edited by Helenh7
left somthing out

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Hi sir_gilmour, thankyou, yes it is a bit confusing.

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Unfortunately you never SORNed the car so were without insurance for 5 months as the DVLA had no idea it had been written off and are assuming you were using the car on the road without insurance. The regulations stated that unless SORNed a car must have insurance. You may find it difficult to get out of this one as technically the law was broken.

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The regulations stated that unless SORNed a car must have insurance. You may find it difficult to get out of this one as technically the law was broken.

 

I think Surfer may be quite right unfortunately. As we all suspected when they introduced this fantastic new law the was going to cure the problem of uninsured vehicles being driven, it does nothing of the sort, but merely is making a fortune off "innocent" owners who are caught in this minor misunderstanding and never had any intention of driving an uninsured car.

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Maybe a way out. Maybe at that time,the insurance company was the legal owner and the insurance company was negligent and never SORNed the vehicle. I think if OP can determine at what point ownership was passed onto insurance company, there may be a slim chance.

 

BTW what does normally happen in instances were the car is written off?

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BTW what does normally happen in instances were the car is written off?

 

RK should complete Part 9 (V5C/3) of the V5C and send it to DVLA and give rest of V5C to the Insurer.

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RK should complete Part 9 (V5C/3) of the V5C and send it to DVLA and give rest of V5C to the Insurer.

Thought as much, however after writing off a car and all the stress associated with it, probably the last thing on your mind. Surely if insurer do not ask for paperwork, how can they scrapped the vehicle. In an extreme circumstance if the person is killed or badly injured and in hospital for months, how would it work?

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Good news, i got letter from DVLA Enforcement Centre this morning it states,(Thank you for your reply to the fixed penalty notice. In view of the information provided to us no further action will be taken).What a relief, and yes Surfer01 i was totally stressed didn't need the extra aggro from the modern day bounty hunters. Thankyou to all who replyed to my query.

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|Good result. Common sense prevailed at DVLA for a change.

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Congratulations, I have change your subject title to show your success.

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